UNSPECIFIED DEPRESSIVE DISORDER

L. B. CRYAN · 2026 · Case ID: A26040354

DENIED

Summary

The veteran, who served in the U.S. Army from April 1982 to September 1993, appeals the denial of an increased disability rating for his service-connected unspecified depressive disorder with insomnia disorder. The veteran sought a rating higher than the current 30 percent. The Board reviewed the evidence, including a July 2024 VA examination and the veteran's own statements. The Board noted the veteran reported depressed mood, anxiety, chronic sleep impairment, and mild memory loss, which align with the criteria for a 30 percent rating. However, the Board found that the veteran did not exhibit symptoms of the frequency and severity required for a 50 percent rating or higher, such as flattened affect, panic attacks more than once a week, or significant memory impairment. The veteran maintained supportive relationships with his wife and children, and his judgment, thinking, and concentration were found to be intact. Although the veteran's representative challenged the adequacy of the VA examination, the Board found the examiner adequately addressed the veteran's symptoms and medication use. Ultimately, the Board concluded that the totality of the evidence did not demonstrate an occupational and social impairment that more nearly approximated the criteria for a 50 percent rating or higher. Therefore, the appeal for an increased rating was denied.

Rationale

Symptoms align with 30% rating criteria (depressed mood, anxiety, sleep impairment, mild memory loss).; Veteran did not display symptoms for 50% rating (flattened affect, panic attacks, impaired memory/judgment).; Supported relationships and intact judgment/thinking despite subjective complaints.

Service Branch

ARMY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

260113-623074

Full Decision Text

Citation Nr: A26040354
Decision Date: 04/29/26 Archive Date: 04/29/26

DOCKET NO. 260113-623074
DATE: April 29, 2026

ORDER

A rating in excess of 30 percent for service-connected unspecified depressive disorder with insomnia disorder is denied.

FINDING OF FACT

The service-connected unspecified depressive disorder with insomnia disorder (psychiatric disorder) did not manifest in an overall disability picture more nearly approximating, or worse than, occupational and social impairment with reduced reliability and productivity.

CONCLUSION OF LAW

The criteria for a rating in excess of 30 percent for service-connected unspecified depressive disorder with insomnia disorder are not met. 38 U.S.C. § 1155; 38 C.F.R. § 4.130, Diagnostic Code 9435.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the U.S. Army from April 1982 to September 1993.

The appeal originates from a February 2025 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO/AOJ) following a February 2025 request for higher-level review of an October 2024 rating decision. In February 2026, the Veteran submitted a Decision Review Request: Board Appeal (Notice of Disagreement) and elected direct review by a Veterans Law Judge. Therefore, the Board may only consider the evidence of record at the time of the AOJ decision on appeal. 38 C.F.R. § 20.303.

If evidence was associated with the claims file during a period of time when additional evidence was not allowed, the Board has not considered it in its decision on the claim on appeal. 38 C.F.R. § 20.300. If the Veteran would like VA to consider any evidence that was added to the claims file that the Board could not consider in this decision, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

Entitlement to a rating in excess of 30 percent for unspecified depressive disorder with insomnia disorder.

Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule). 38 C.F.R. Part 4. The Rating Schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities.

If two disability ratings are potentially applicable, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that evaluation. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. In view of the number of atypical instances, it is not expected, especially with the more fully described grades of disabilities, that all cases will show all the findings specified. 38 C.F.R. § 4.21. It is the defined and consistently applied policy of VA to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. Any reasonable doubt regarding the degree of disability is resolved in favor of the Veteran. 38 C.F.R. §§ 3.102, 4.3.

Staged ratings may be assigned for any rating claim when the factual findings show distinct time periods during the appeal period where the service-connected disability exhibits symptoms that warrant different ratings. Hart v. Mansfield, 21 Vet. App. 505, 510 (2007).

Psychiatric disorders are rated pursuant to the General Rating Formula for Mental Disorders under 38 C.F.R. § 4.130. The Veteran's service-connected unspecified depressive disorder with insomnia disorder is rated as 30 percent disabling under 38 C.F.R. § 4.130, Diagnostic Code 9435.

Under the General Rating Formula for Mental Disorders, a noncompensable rating is assigned when a mental disorder has been formally diagnosed, but symptoms are not severe enough to either require continuous medication, or to interfere with occupational and social functioning.

A 10 percent rating is assigned for occupational and social impairment due to mild or
v. Mansfield, 21 Vet. App. 505, 510 (2007).

A 10 percent rating is assigned for occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of occasional stress, or symptoms controlled by continuous medication.

A 30 percent rating is assigned for occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and normal conversation), due to symptoms such as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, or mild memory loss (such as forgetting names, directions, or recent events),

A 50 percent rating is assigned for occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; or difficulty in establishing and maintaining effective work and social relationships.

A 70 percent rating is assigned for occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; intermittently illogical, obscure, or irrelevant speech; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); or inability to establish and maintain effective relationships.

A 100 percent rating is assigned for total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; or memory loss for names of close relatives, own occupation, or own name. 38 C.F.R. § 4.130.

When determining a disability evaluation, the Board's primary consideration is the veteran's symptoms, but it must also make findings as to how those symptoms impact the veteran's occupational and social impairment. Vazquez-Claudio v. Shinseki, 713 F.3d 112, 118 (Fed. Cir. 2013); Mauerhan v. Principi,16 Vet. App. 436, 442 (2002). Because the use of the term "such as" in the rating criteria demonstrates that the symptoms after that phrase are not intended to constitute an exhaustive list, the Board need not find the presence of all, most, or even some, of the enumerated symptoms to award a specific rating. Nevertheless, as all ratings in the general rating formula are also associated with objectively observable symptomatology and the plain language of the regulation makes it clear that the veteran's impairment must be "due to" those symptoms, a veteran may only qualify for a given disability by demonstrating the particular symptoms associated with that percentage, or others of similar severity, frequency, and duration.

Based on the evidence, including the July 2024 VA examination, the Veteran's psychiatric disorder did not manifest in symptoms of the same or similar frequency and severity as those contemplated by occupational and social impairment with reduced reliability and productivity. The record contains evidence of depressed mood, anxiety, chronic sleep impairment, and mild memory loss. These symptoms fall squarely within the criteria for the 30 percent rating. However, the Veteran did not display symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long-term memory; impaired judgment; impaired abstract thinking; disturbances of motivation and mood; or difficulty in establishing and maintaining effective work and social relationships. Likewise, the Veteran was not shown to exhibit symptoms of the same frequency and severity as those
of the same or similar frequency and severity as those contemplated by occupational and social impairment with reduced reliability and productivity. The record contains evidence of depressed mood, anxiety, chronic sleep impairment, and mild memory loss. These symptoms fall squarely within the criteria for the 30 percent rating. However, the Veteran did not display symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long-term memory; impaired judgment; impaired abstract thinking; disturbances of motivation and mood; or difficulty in establishing and maintaining effective work and social relationships. Likewise, the Veteran was not shown to exhibit symptoms of the same frequency and severity as those contemplated by the 50 percent rating or higher.

The presence, or absence, of certain symptoms is not necessarily outcome determinative. However, the presence of symptoms must also cause the occupational and social impairment in the referenced areas. In this regard, the totality of the evidence fails to show that the symptoms of the Veteran's psychiatric disorder result in an overall disability picture more nearly approximating occupational and social impairment with at least reduced reliability and productivity.

Despite reporting feelings of depression and anxiety, the Veteran maintained regular contact and relationships with others. He remained married to his longtime spouse (of approximately 40 years) with whom he reported a supportive relationship despite periods of difficulty. He also maintained positive relationships with several adult children, including his son (and his daughter-in-law and grandchild) who lived with him. He had normal appearance and speech and was alert and oriented in all spheres. His judgment, thinking, attention, memory, and concentration were found to be intact, despite his subjective complaints of forgetfulness and difficulty concentrating.

In terms of recent employment, the Veteran reported previously working for an agricultural/heavy equipment manufacturer. Although he was terminated from that employment, the reason did not appear to implicate service-connected disability. He then obtained employment at a correctional facility as an administrative associate.

It is noted that the Veteran's representative challenged the adequacy of the July 2024 VA examination, contending that the examiner did not address treatment records (including a June 2023 record stating that the Veteran was "very anxious at times"). See February 2025 Form 20-0996. This argument lacks merit. The relevant record states that medication was effective in reducing his symptoms but that he still had increased periods of anxiety. The examiner indicated review of the record and discussed the Veteran's use of medication, including his anxiety specifically, and considered this in assessing his functioning.

The Board acknowledges the Veteran's assertions that he is entitled to a rating in excess of 30 percent for his psychiatric disorder. Nevertheless, even considering his statements, the weight of the evidence is against finding that the severity, frequency, and/or duration of his symptoms results in an overall disability picture that more nearly approximates at least occupational and social impairment with reduced reliability and productivity. The symptoms he reports more nearly approximate the criteria for the 30 percent rating rather than the 50 percent rating.

Moreover, with respect to the Rating Schedule, the criteria set forth therein generally require medical expertise, in conformance with the Diagnostic and Statistical Manual of Mental Disorders, and the requisite mental health training expertise to understand and analyze behavioral observations on mental status examinations.

The Veteran is certainly competent to report his symptoms of depression, anxiety, and the like; however, in terms of the overall disability picture, he is not shown to have the requisite expertise to opine on this matter in terms of the rating criteria.

As the weight of the most probative and persuasive evidence weighs against the claim, the assignment of a disability rating in excess of 30 percent for service-connected unspecified depressive disorder with insomnia disorder must be denied. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board M. Alhinnawi

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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